Mohit Vinodbhai Solanki vs State Of Gujarat
2021 Latest Caselaw 5494 Guj

     C/SCA/7463/2021                             ORDER DATED: 19/05/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7463 of 2021
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                       MOHIT VINODBHAI SOLANKI
                                Versus
                         STATE OF GUJARAT
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Appearance:
MR SWAR M KANSAGRA(11320) for the Petitioner(s) No. 1
MS SANGNA KANSAGRA(9378) for the Petitioner(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1,2,3,4
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 CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 19/05/2021
                            ORAL ORDER

1. Learned advocate Mr.Swar Kansagra for the petitioner tenders Draft Amendment and thereby places on record the grant order, undertaking filed by the petitioner and the judgment dated 02.05.2017 rendered in Special Civil Application No.7 of 2017. The Draft Amendment is allowed and is ordered to be taken on record. Amendment to be carried out forthwith.

2. Rule. Learned Assistant Government Pleader Mr.Sahil Trivedi, waives service of notice of Rule on behalf of Respondent Nos.1, 2 3 and 4. By consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

3. In this petition, it is the case of the petitioner that pursuant to the letter of intent, the grant orders have been issued to the petitioner. The lease deeds are not being executed as the only impediment is that there is no environmental clearances in favour of the petitioner who has been granted the grant orders. The anxiety is that in case the lease deeds are not executed on or before

C/SCA/7463/2021 ORDER DATED: 19/05/2021

23.05.2021, it will stand obliterated.

4. Mr.Swar Kansagra learned advocate for the petitioner would rely on an order passed by this Court in Special Civil Application No.7 of 2017 dated 02.05.2017 as well as the orders dated 07.05.2021 and 17.05.2021 (the order passed on note for Speaking to Minutes) passed in Special Civil Application No.6602 of 2021 and allied matters.

5. Having heard Mr.Kansagra learned advocate for the petitioner and learned Assistant Government Pleader Mr.Sahil Trivedi for the respondent State, the District Collector, Kutch is directed to execute lease deeds in case of the petitioners on or before 23.05.2021 on the petitioners filing an undertaking on or before 21.05.2021 to the effect that the petitioner shall not commence or carry out any mining activity till the environmental clearance is issued in accordance with law and also till all other conditions as per the letter of intent are satisfied.

5.1 It is clarified that if the petitioner fails to comply with any of the condition of LoI, it will be open for the State to act in accordance with law.

6. It is clarified that the aforesaid order is passed keeping in mind the fact that earlier in cognate petitions, reliefs of similar nature were granted by coordinate Bench as pointed out by learned advocate for the petitioner, also keeping in mind the fact that due to current situation of pandemic and considering the fact that because of cyclone Tauktae, the Government machineries might

C/SCA/7463/2021 ORDER DATED: 19/05/2021

fighting it difficult to file reply before the dead­line to execute lease­deed gets over and, therefore, this order is passed only on the basis of submissions made by learned advocate for the petitioner and learned Assistant Government Pleader representing the State authorities.

7. Both the learned advocates appearing for the respective parties have jointly submitted that considering the present circumstances, there is likelihood that execution of lease­deed may take some time as even after issuing the order for grant of quarry lease, various steps are required to be taken, such as furnishing performance security in the form of bank guarantee (under Rule 29(4)) and ascertaining the stamp duty liable to be affixed on the lease­deed. These steps may take time. Additionally, it may not be out of place to state that the District Administration is heavily burdened with COVID situation as well as remedial measures post the cyclone. Under such circumstances, it may be appropriate to observe that in the event, the final lease­deed cannot be executed on or before 23.05.2021 (22.05.2021 and 23.05.2021 being Saturday and Sunday), the lease deed be executed thereafter, within a reasonable time period without being influenced by the time limits prescribed under Rule 29 of the 2017 Rules.

8. With the above observations and direction, this petition is disposed of. Registry to communicate this order to the concerned authorities through E­mode also as well as to the petitioner. The petitioner to provide the E­mail address to the concerned respondent authority during the course of the day.

C/SCA/7463/2021 ORDER DATED: 19/05/2021

9. A copy of this order be communicated to learned Assistant Government Pleader for onward communication. In addition to regular mode of service and service by email by the Registry, Direct Service today by email by the petitioner is also permitted.

(NIRZAR S. DESAI,J) MISHRA AMIT V.